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HomeMy WebLinkAbout2008-12-09 Board of Selectmen Minutes Board of Selectmen Meeting December 9, 2008 For ease of archiving, the order that items appear in these Minutes reflects the order in which the items appeared on the agenda for that meeting, and are not necessarily the order in which any item was taken up by the Board. The meeting convened at 7:00 p.m. in the Selectmen's Meeting Room, 16 Lowell Street, Reading, Massachusetts. Present were Chairman Stephen Goldy, Vice Chairman Ben Tafoya, Secretary James Bonazoli, Selectmen Camille Anthony and Richard Schubert, Town Manager Peter Hechenbleikner, Assistant Town Manager/Finance Director Bob LeLacheur, Police Chief Jim Cormier, Human Resources Administrator Carol Roberts, Office Manager Paula Schena and the following list of interested parties: Bill Brown, Lt. Peter Garchinsky, Lynne Cassinari, Rachel Brown, Vicky Yablonsky,Attorney Mark Gallant,Danielle Cook, Martha Reidy, Attorney Brad Latham, Bill Rianhard, Arthur Sordillo, Attorney Maria Curtatone, Rebecca Yenowskas, Massimo Fiume, Phil Vaccaro, Steven Bell. Reports and Comments Selectmen's Liaison Reports and Comments — Selectman Camille Anthony noted that she received a call from a constituent regarding people making a left hand turn on the corner of Hopkins at Main Street. She suggested that the Parking, Traffic and Transportation Task Force look at this situation. She attended a meeting with staff regarding sidewalk snow plowing, and the Town Manager will be bringing that issue back to the Board. She also noted that staff should send information out to residents who use private contractors for plowing. She noted that the recreation fines need to be increased because$20.00 is too low. Selectman James Bonazoli noted that he attended a meeting at Birch Meadow regarding public safety. He also noted that the signs are not up yet for the"Fire Lane No Parking," and the staff is requesting a painted crosswalk. He suggests that the Selectmen do a site visit in the morning and afternoon, and thanked staff for the Cemetery and DPW Garage site tour. Vice Chairman Ben Tafoya noted that he and Selectman Camille Anthony have been working on the Town Manager's Evaluation form and he will be emailing it to the Board. Chairman Stephen Goldy noted that because of a glitch in the process, the Board of Selectmen and Finance Committee cannot participate in the performance contracting selection process but they can watch. He is very disappointed about that. He also noted that there was an article in the . Globe indicating that there will be a 10% cut in local aid for FY10. The Town Manager noted that the departments have created a list of holdbacks in FY09, and vacant positions will not be filled unless absolutely necessary. Chairman Goldy noted that he had Office Hours this evening and at that time, Bill Brown advocated for a bigger cemetery building. Public Comment — Bill Brown noted that the crosswalk at Birch Meadow.was removed.many years ago when a former female Selectman hit a child there. Board of Selectmen Meeting—December 9, 2008 —Page 2 Chairman Stephen Goldy noted that there is an email listed under Public Comment regarding Causeway Road being a private road. The Town Manager noted that he will respond that it is a private road. He noted that the Town did pave a manhole there because storm water was being discharged into it causing sewer backups. Chairman Goldy also noted that there was a Boy Scout present working on a badge. Town Manager's Report The Town Manager gave the following report: • Downtown project and alleyway • Curbside Leaf Collection is done for this Fall. The Board of Selectmen has the Compost Center numbers for this year. There has been email correspondence with a resident suggesting ways that the Curbside Collection Program can be included as an enterprise in future years. This would be an appropriate subject for discussion during the budget • ZBA conflict of interest form • National Development status • Police enforcement operations re: Liquor Licensees • Reading Bridge Preservation Project—I-93 over 1-95 • List of Licensees • Christmas Tree Disposal • Tennis Courts • Section 12 Liquor Licensees—No "Happy Hour"permitted • State is delaying trench regulations • December 10, 2008 is the 60`h Anniversary of the United Nations Declaration of Human Rights. The Reading Human Relations Advisory Committee wanted the Board of Selectmen and the community to be aware of this important anniversary. The Preamble of that Declaration reads: "NOW, THEREFORE, THE GENERAL ASSEMBLY proclaims THIS UNIVERSAL DECLARATION OF HUMAN RIGHTS as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction. " • Flu Clinics—944 immunizations were given Dates and Events: • December 13th- Polar Express The Town Manager noted that there is a list of the licenses in the packet that he will be renewing. He also noted that there is a request in the packet for the Selectmen to approve regarding a disclosure for Paul Dustin, Chairman of the Board of Appeals. A motion by Bonazoli seconded by Tafoya that as required by GL c 268A, Section 19(b)(1), the Board of Selectmen has reviewed the matter and the financial interest described and has determined that the interest is not so substantial as to be deemed likely to affect the integrity of the services which the Town of Reading may expect from ZBA member Paul Dustin in a case involving 13 Buckingham Drive. ,Mr. Dustin is not a direct abutter but Board of Selectmen Meeting—December 9 2008—Page 3 owns his home within 300 feet of 13 Buckingham Drive and he has no financial interest. The motion was approved by a vote of 4-0-1, with Anthony abstaining because she is also an abutter. Assistant Town Manager's Report • Bob LeLacheur noted that the water bills are going out next week and he will put an explanation on the website. Personnel and Appointments Badge Pinning — Lt. Peter Garchinsky — Police Chief James Cormier noted that Sergeant Peter Garchinsky has been promoted to Lieutenant. He has 28 years of service on the force and has accepted many extra assignments during his tenure that make him the most qualified for this position. Lieutenant Garchinsky's wife pinned on his badge. Cultural Council — The Board interviewed Lynne Cassinari for one Associate position on the Cultural Council. _Bonazoli moved and Anthony seconded to place the following name.. into nomination for one Associate position on the Cultural Council with a term expiring June 30, 2009: Lynne A Cassinari Ms Cassinari received five votes and was appointed. Telecommunications and Technology Advisory Committee — Scott Busnach's interview was rescheduled to December 16`h, and Timothy McGibbon was not present. Discussion/Action Items Hearing — Classification and Compensation Plan Amendments —The Secretary read the',hearing notice. Human Resources Administrator Carol Roberts and Consultant Rachel Brown were present. Rachel Brown reviewed the new salary structure and classifications. She noted.that the existing structure has 19 grades and 10 steps, and she is recommending a new structure with 13 grades and 12 steps. This better reflects the market value and is more supportive of internal equity. This new structure also reduces grade creep so it would have to be a significant job change to warrant reclassification. She also noted that the old structure had 2% increases between steps with a 20% range. The new structure has 2%between steps and a 24% range spread. She stated that new employees are not being hired at the minimum step, and the new widths.are less than average at 24%. Ms. Brown noted that the classification system has been well maintained. She indicated that it is necessary to fine tune it to the market and there is no trend of change. Future administration of the plan include monitoring the market movement, consider eliminating the steps frorri..the lower end, track actual pay every two to three years, and focus on total compensation including base and health care. She also noted that the latest trend is deferred compensation for senior department heads. Board of Selectmen Meeting—December 9, 2008 —Page 4 Selectman Richard Schubert asked what she meant by deferred compensation, and Ms. Brown stated that it is focused at the key department head level which includes contributions into deferred compensation plans of up to 10% of the pay. Selectman Schubert also asked if that loses the ability to maintain equity, and Ms. Brown noted that a lot of unions are getting comfortable looking at the"total compensation;" i.e., stipends, disability insurance, etc. Vice Chairman Ben Tafoya indicated that he thought the intention was to look at fewer steps instead of more. The Town Manager noted that he decided not to do that because the increase in the base of the step would be too hard to manage financially. He also noted that employees will be placed in the appropriate step of the grade where they will not make less money. Selectman Camille Anthony asked how the positions were slotted, in the grades, and Ms. Brown indicated that they were weighted. Selectman Anthony noted that she had concerns about the Reading Coalition Against Substance Abuse Project Director grade. She also noted that a grant pays for that position, and she feels that it should not be in the pay and classification plan. She noted that the responsibility of that position is not the same as everyone else in Level I. The Town Manager noted that all non-union employees have to be in the plan. Selectman James Bonazoli noted that he does not agree with the grid, and felt that position belonged in the same grade as the Police Business Administrator. Selectman Richard Schubert noted that the RCASA Project Director position is grant funded and has the market rate pay. He also noted that if the grant goes away, the Town won't fund. Vicky Yablonsky, member of the Library Board of Trustees, noted that the Library Trustees had no input on this process, and they would like to see the plan before the Selectmen vote on it. The Board requested that the report be emailed to the Selectmen, the Library Board receive the information requested, the overall cost impact and how additional expenses are going to be incurred, and a list of who was involved in the placement on the grid. Ms. Brown noted that the Department Heads were highly involved in the process. A motion by Bonazoli seconded by Tafoya to close the hearing on amendments to the "Town of Readiniz Classification Plan" and the "Town of Reading Compensation Plan" as proposed failed by a vote of 1-4-0, with Goldy,Bonazoli,.Anthony and Schubert opposed. A motion by Schubert seconded by Bonazoli to continue the hearing to December 16, 2008_ at 7:30 p.m. was approved by a vote of 5-0-0. Renewal of 24 Hour Operation — Shell Station at 87 Walkers Brook Drive — Attorney Mark Gallant, and Representatives from Motiva Danielle Cook and Martha Reidy were present. The Town Manager noted that there was an email from Conservation Administrator Fran Fink in the packet. Danielle Cook noted that the last sample was done in October 2008 and every well was below the State standards. She also noted that they had vapor issues earlier this year where gasoline vapors were getting into the station, so they installed a vapor system and did building repairs. Board of Selectmen Meeting—December 9 2008 —Page 5 Selectman Camille Anthony asked if they are cleaning the sediments in the detention basin, and Ms. Cook indicated that they are injecting to increase the oxygen levels, but they are not injecting any more chemicals. They continue to also monitor the indoor air tests. Selectman Richard Schubert asked if there has been an increase in the demand of service, and it was noted that they have been very busy since Jordan's opened. The Town Manager asked if the station was for sale, and it was indicated that it was not.. The Town Manager noted that he met with these folks earlier this year regarding the vapor.release, . and he noted that this station has more problems than all the other stations in Town. He also noted that they are not in need of a Common Victualler's license. A motion by Bonazoli seconded by Anthony to approve the application for 24 hour sales by Motiva Enterprises, LLC d/b/a Readini Shell Station at 87 Walkers Brook Drive. The Board finds that in accordance with Section 5.10.4 of the General Bylaws: e It is in the interest of the public health, safety and welfare, or that public_ necessity or convenience will be served by permitting such operation; and • There is no detrimental effect of such.operation on the Town or the immediately abutting neighbors. ® .The Board determined that in accordance with Section 5.10.5 that no ublic hearing will be required for this application. The approval of this application is subject to the followins conditions: 1. This approval expires at midnight,December 31,2009; 2. All signs shall conform to the Zoning By-Laws of the Town of Reading 3. The gasoline service station shall, in fact, be open 24 hours a day, seven days a week;. 4. The operator will ensure that there is a supply of gasoline available at the station during all hours that the station is open; 5. The operator will provide gas cans for motorists who run out of gasoline on the road; 6. The operator, will prepare and post a list of local towing and repair shops that are open 24 hours a day for those who need it; 7. Restroom facilities shall be open 24 hours a day, seven days a week. The motion was approved by a vote of 5-0-0. Hearing Renewal of Early Opening—.Dunkin' Doriuts on West Street—Attorney Brad Latham,, Bill Rianhard and Arthur Sordillo were present. The Town Manager noted that this is.arequest to,. continue the early opening of Dunkin' Donuts, the gas station and convenience store. Attorney Latham noted that they have served the public. Over 75% of the customers before-6:00. a.m. are Reading residents. Selectman Richard Schubert asked what the volume is, and Mr. Rianhard indicated that they have 40-50 transactions during that hour. Board of Selectmen Meeting—December 9, 2008 —Page 6 Selectman Camille Anthony noted that sometimes there is a lot of traffic and you can't get in the parking lot. Mr. Rianhard indicated that they have a second pay window and they are not having that problem anymore with the recession. Chairman Stephen Goldy asked how much business the gas station gets at that hour, and Mr. Sordillo noted that it was about half of the transactions at Dunkin' Donuts. A motion by Bonazoli seconded by Anthony to close the hearing for the early opening of Dunkin' Donuts at 2 West Street was approved by a vote of 5-0-0. A motion by Bonazoli seconded by Schubert to approve an application by Dunkin' Donuts, including.the Mobil Gasoline Service Station and the Convenience Store on the premises at 2 West Street to open at 5:00 a.m., Monday through Friday, effective January 1, 2009 and expiring December 31, 2009. The Board of Selectmen finds that in accordance with Section 5.10.4 of the General Bylaws: 9 It is in the interest of the public health, safety and welfare or that public necessity or convenience will be served by permitting such operation; and There is no detrimental effect of such operation on the Town or the immediately abutting neighbors. ® The Board determined that in accordance with Section 5.10.5 that no public hearing will be required for this application. The motion was approved by a vote of 5-0-0. Hearing — New Liquor License — Ristorante Pavarotti — The Secretary read the hearing notice. Attorney Maria Curtatone, owners Rebecca Yenowskas and Massimo Fiume, property owner Phil Vacarro and former owner of Savory Tastes Steven Bell were present. The Town Manager noted that this is for a beer and wine license at the former Savory Tastes location. The application has been reviewed by Police, Health and the Building Inspector. There was an issue that a building permit was not applied for work that was done because Mr. Fiume didn't know he needed a permit, but he is working with the Building Inspector to correct the situation. The approval is for 2009. Attorney Curtatone indicated that Ms. Yenowskas is 55% share holder, and Mr. Fiume is the Treasurer. Ms. Yenowskas is experienced working with alcohol and they are both active against drug and alcohol abuse. She will attend the TIPS training before the restaurant opens. Chairman Stephen Goldy indicated that the RCASA will be reaching out to them. He noted that regarding the building permit issue, ignorance is not an excuse. It is the responsibility of the applicant to find out what the rules and regulations are. Selectman Richard Schubert asked Ms. Yenowskas if she had experience supervising staff and asked how many staff she will have. Ms. Yenowskas indicated that she was experienced and she will have approximately five waiters on the weekends and three during the week. Board of Selectmen Meeting—December 9 2008 —Page 7 Vice Chairman Ben Tafoya indicated that there is a proposed change that will allow smaller restaurants to apply for a full liquor license, and issuance of those licenses will be based on the experience we have with them. A motion by Bonazoli seconded by Tafova to close the hearing on the Wine and Malt Restaurant Liquor License for Ristorante Pavarotti Inc. d/b/a Ristorante Pavarotti was approved by a vote of 5-0-0. A motion by Bonazoli seconded by Tafoya to approve the Wine and Malt Restaurant Liquor License for Ristorante Pavarotti, Inc. d/b/a/ Ristorante Pavarotti, 601 Main Street, with Rebecca Yenowskas as Manager, for a term expiring December 31, 2009, subject to the followiniz conditions: All Bylaws, Rules and Regulations of the Town of Reading. and of the Commonwealth of Massachusetts shall be followed, and also subject to a satisfactory inspection of the establishment by the_Town Manager was approved by a vote of 5-0-0. Vice Chairman Ben Tafoya left the meeting at 9:45 p.m. Hearing "Right Turn Only" Ash Street at Main Street south of Haven Street—The Secretary read the hearing notice. The Town Manager noted that the Board needs' to establish two way traffic on the street and restrict to a right tum only onto Main Street temporarily until the traffic signal is operational. A motion by Bonazoli seconded by Schubert to close the hearing for the Right Turn On on Ash Street at Main Street was approved by a vote of 4-0-0. A motion by Bonazoli seconded by Schubert to approve the Right Turn Only on Ash Street (south of Haven Street) eastbound at Main Street, said regulation to expu-e at such time as the traffic signal at this location becomes operational was approved by a vote of 4-0-0. Approval of Minutes Amotion by Bonazoli seconded by Tafoya to approve.the Minutes of November 18, 2008 was approved by a vote of 5-0-0. _A motion by Bonazoli seconded by Tafoya to approve the Minutes of November 24, 2008 was approved by a vote of 4-0-1,with Anthony abstaining. A motion by Schubert seconded by Bonazoli to adjourn the meeting of December 9, 2008.at 10.00 p m was approved by a vote of 4-0-0. Respectfully submitted, a Secretary